The Great Debate

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U.S. President Barack Obama (C) meets with citizens who wrote letters about how they benefited from the Affordable Care Act at the White House in Washington, Feb. 3, 2015. At right is Health and Human Service Secretary Sylvia Burwell. REUTERS/Kevin Lamarque

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Chief Justice John Roberts’ first sentence of his majority opinion in McCutcheon v. Federal Elections Commission,striking down important limits on campaign contributions, declares “There is no right more basic in our democracy than the right to participate in electing our political leaders.”

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On Wednesday, the Supreme Court handed down its most important decision on campaign finance reform since Citizens United. The decision, McCutcheon v. Federal Election Commission, seemed to divide along familiar ideological lines, with Chief Justice John Roberts writing the majority opinion for five conservatives and Justice Stephen Breyer, writing the dissent for the four liberals.

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Tuesday’s oral argument in McCutcheon v. FEC, the latest high-profile campaign finance case, will likely generate familiar storylines about a fiercely ideological Supreme Court, where one justice drives the outcome of a close 5-4 decision. Public perception of the Supreme Court is that there are four conservatives, four liberals and Justice Anthony Kennedy in the middle — as the “swing” vote.